Ocasio v. McDaniel et al

Filing 17

ORDER granting 13 petitioner's Motion to Extend Time to 2/15/2010, to file his response to 11 respondents' First MOTION to Dismiss Petition for Writ of Habeas Corpus by a Person in State Custody; and denying 14 petitioner's Motion seeking a subpoena to provide public documents. Signed by Judge Larry R. Hicks on 1/8/2010. (Copies have been distributed pursuant to the NEF - SL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner, a state prisoner, is proceeding pro se. On December 31, 2009, petitioner filed a motion seeking an extension of time respond to respondents' motion to dismiss, leave to conduct discovery, and issuance of a subpoena. (Docket #13.) A second copy of the same motion was also filed on December 31, 2009. (Docket #14.) Good cause appearing, petitioner's motion is GRANTED to the extent that petitioner seeks an extension of time. (Docket #13.) Petitioner is granted to and including February 15, 2010, to file his response to respondents' motion to dismiss. Petitioner seeks a subpoena from this court directing the Nevada Seventh Judicial District Court Clerk to provide the following: 1) docket sheets for every state habeas corpus case filed in the Seventh Judicial District after September 22, 2008, and 2) the complete file from Mainzer v. McDaniel, Seventh Judicial District Court Case NO. HC 0902002. As respondents argue, these are public documents. Petitioner has made no representation that he cannot receive these documents simply by making a request directly to the clerk. Accordingly, petitioner's motion is DENIED to the extent that petitioner seeks to conduct discovery and seeks a subpoena from this court. (Docket vs. E. K. McDANIEL, et al., Respondents. ALEXANDER OCASIO, Petitioner, ) ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

3:09-cv-00539-LRH-VPC ORDER

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#13.) Petitioner's second motion filed December 31, 2009, is DENIED as duplicative. (Docket #14.) DATED this 8th day of January, 2010.

LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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